GR 3368; (March, 1907) (Digest)
G.R. No. 3368
Facts
– Plaintiff: La Compañía General de Tabacos de Filipinas, claiming to be a duly organized mercantile corporation with an agency in Tacloban, Leyte.
– Defendant: Mateo Trinchera, who denied every allegation of the complaint, including the plaintiff’s existence as a legal entity.
– The suit arose from a debt owing by the defendant to Mendezona & Co., which had been assigned to the plaintiff.
– No evidence was presented at trial to prove that the plaintiff possessed a juridical personality distinct from its members, nor that the defendant had dealt with the plaintiff such as to estop denial.
– The defendant also filed a counterclaim, but this did not waive his denial of the plaintiff’s personality.
– Evidence offered to support the plaintiff’s claim for ₱442.68 was deemed insufficient to establish liability.
Issue
1. Whether the plaintiff has a juridical personality that enables it to sue in its own name.
2. Whether the defendant is estopped from denying that personality.
3. Whether the evidence on the alleged debt (₱442.68) is sufficient to support a judgment.
Ruling
– The trial court’s judgment is SET ASIDE.
– The case is REMANDED to the lower court for a new trial. The parties may present additional evidence; the evidence already taken need not be retaken.
– No costs are awarded to either party.
(End of digest.)
